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Category Archives: Equitable Distribution

Why Equitable Distribution Isn’t Equal Distribution in Virginia

Earlier this week, we discussed recent changes to Virginia Code §20-107.3, Virginia’s Equitable Distribution statute.  Today, we’ll take a look at one of the first Virginia cases decided under the new statute, and why classifying a debt as “marital” doesn’t guarantee both parties will be equally responsible for paying it. In Damankah v. Damankah, decided [...]

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The New Virginia 20-107.3(A)(5): Solving Virginia Family Law’s “Debt Crisis”

 Recently, the General Assembly amended §20-107.3(A) of the Virginia Code, the equitable distribution statute, which tells Virginia courts how to divide assets and debts in a divorce.  This amendment was met with a collective sigh of relief from Virginia lawyers, ending a year of uncertainty in how we approached marital debt issues.  Of course, if [...]

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